DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on June 11, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”).
As to Claim 1, Mosier discloses an overmitt comprising: a main body (Figure 3; Mosier) having a top surface (Figure 3; Mosier) and a bottom surface (Figure 3; Mosier), the top surface (Figure 3; Mosier) configured to cover at least a portion of a hand of a wearer (Figures 1 & 3 and Col. 1 and Lines 1-5; Mosier), and the bottom surface (Figure 3; Mosier) configured to cooperate with the top surface to define an interior cavity (Figure 3; Mosier) of the main body configured to receive at least a portion of the hand of the wearer (Figure 3; Mosier ~ regarding the main body being configured to receive at least a portion of the hand of the wearer); wherein the main body (Figure 3; Mosier) comprises a hand portion (Figure 3; Mosier) configured to at least partially enclose a gloved hand of the wearer (Figure 3; Mosier teaches all the glove structure that would make It capable of at least partially enclosing a gloved hand of the wearer. Examiner notes that Applicant has not positively claimed a glove), a thumb portion (Figure 3; Mosier) integrally formed with the hand portion (Figure 3; Mosier) and configured to at least partially enclose a gloved thumb of the wearer (Figure 3; Mosier a thumb portion integrally formed with the hand portion and is capable of at least partially enclosing a gloved thumb of the wearer), and a wrist portion (Figure 3; Mosier) configured to be disposed about at least a portion of a wrist of the wearer (Figure 3; Mosier); an aperture (Figure 3; Mosier) disposed through at least a portion of the bottom surface of the main body (Figure 3; Mosier) and dimensioned and positioned to enable passage of the wearer's fully gloved hand, including all digits and the wrist portion, therethrough, such that the wearer may withdraw the gloved hand from the interior cavity while the main body remains secured to the wrist (Figure 3; Mosier; teaches an overmitt that is capable of being dimensioned and positioned to enable passage of the wearer’s fully gloved hand including all digits and the wrist portion therethrough, such that the wearer may withdraw the gloved hand from the interior cavity while the main body remains secured to the wrist), and configured to facilitate access to the interior cavity and to expose at least a portion of the hand of the wearer (Figure 3; Mosier ~ regarding the aperture being configured to facilitate access to the interior cavity and to expose at least a portion of the hand of the wearer), wherein the aperture extends from the wrist portion to at least a point along the hand portion of the main body beyond a point where the thumb portion meets the hand portion (Figure 3; Mosier); but fails to disclose a closure disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer.
Mosier teaches gloves and mitts and discloses a closure (Figure 1; Mosier ~ regarding teaching a closure) disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer (Figure 1; Mosier).
Therefore, based on Mosier’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier’s overmitt to include a disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer, as doing so would provide additional stability and fit for the wearer that would contribute to enhanced comfort.
PNG
media_image1.png
677
662
media_image1.png
Greyscale
PNG
media_image2.png
716
771
media_image2.png
Greyscale
As to Claim 2, Mosier discloses the overmitt of claim 1, wherein in a first configuration the closure is configured to secure the main body to the wearer while allowing the gloved hand of the wearer to pass through the aperture outside of the main body (Figure 1; Mosier, ~ regarding wherein in a first configuration the closure is capable of securing+ the main body to the wearer while allowing the gloved hand of the wearer to pass through the aperture outside of the main body. Examiner notes that the Applicant has not claimed a glove.)
As to Claim 3, Mosier discloses the overmitt of claim 1, wherein in a second configuration, the closure is configured to secure the main body to the wearer while the gloved hand of the wearer is disposed in the interior cavity and the aperture exposes at least a portion of the gloved hand of the wearer to an exterior environment of the main body (Figure 1; Mosier, ~ regarding wherein in a second configuration, the closure is capable of being a securing the main body to the wearer while the gloved hand of the wearer is disposed in the interior cavity and the aperture exposes at least a portion of the gloved hand of the wearer to an exterior environment of the main body. Examiner notes that the Applicant has not claimed a glove.)
Claim 1 - 3 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”).
As to Claim 1, Mosier discloses an overmitt comprising: a main body (Figure 3; Mosier) having a top surface (Figure 3; Mosier) and a bottom surface (Figure 3; Mosier), the top surface (Figure 3; Mosier) configured to cover at least a portion of a hand of a wearer (Figures 1 & 3 and Col. 1 and Lines 1-5; Mosier), and the bottom surface (Figure 3; Mosier) configured to cooperate with the top surface to define an interior cavity (Figure 3; Mosier) of the main body configured to receive at least a portion of the hand of the wearer (Figure 3; Mosier ~ regarding the main body being configured to receive at least a portion of the hand of the wearer); a thumb portion (Figure 3; Mosier) integrally formed with the hand portion (Figure 3; Mosier) and configured to at least partially enclose a gloved thumb of the wearer (Figure 3; Mosier a thumb portion integrally formed with the hand portion and is capable of at least partially enclosing a gloved thumb of the wearer), and a wrist portion (Figure 3; Mosier) configured to be disposed about at least a portion of a wrist of the wearer (Figure 3; Mosier); an aperture (Figure 3; Mosier) disposed through at least a portion of the bottom surface of the main body (Figure 3; Mosier) and dimensioned and positioned to enable passage of the wearer's fully gloved hand, including all digits and the wrist portion, therethrough, such that the wearer may withdraw the gloved hand from the interior cavity while the main body remains secured to the wrist (Figure 3; Mosier; teaches an overmitt that is capable of being dimensioned and positioned to enable passage of the wearer’s fully gloved hand including all digits and the wrist portion therethrough, such that the wearer may withdraw the gloved hand from the interior cavity while the main body remains secured to the wrist), and configured to facilitate access to the interior cavity and to expose at least a portion of the hand of the wearer (Figure 3; Mosier ~ regarding the aperture being configured to facilitate access to the interior cavity and to expose at least a portion of the hand of the wearer), wherein the aperture extends from the wrist portion to at least a point along the hand portion of the main body beyond a point where the thumb portion meets the hand portion (Figure 3; Mosier); but fails to disclose a closure disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer.
Mosier teaches gloves and mitts and discloses a closure (Figure 1; Mosier ~ regarding teaching a closure) disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer (Figure 1; Mosier).
Therefore, based on Mosier’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier’s overmitt to include a disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer, as doing so would provide additional stability and fit for the wearer that would contribute to enhanced comfort.
Mosier fails to disclose wherein the main body comprises a hand portion configured to at least partially enclose a gloved hand of the wearer.
PNG
media_image1.png
677
662
media_image1.png
Greyscale
PNG
media_image2.png
716
771
media_image2.png
Greyscale
Kallman teaches mitten attachment with a thumb portion for a glove with an appendage stowage system and discloses wherein the main body comprises a hand portion configured to at least partially enclose a gloved hand of the wearer (Figures 1-3; Kallman).
PNG
media_image3.png
850
1490
media_image3.png
Greyscale
Therefore, based on Kallman’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier’s overmitt to include wherein the main body comprises a hand portion configured to at least partially enclose a gloved hand of the wearer, as doing so would provide an additional measure of warmth and comfort of the wearer’s fingers.
As to Claim 2, Mosier/Kallman disclose the overmitt of claim 1, wherein in a first configuration the closure is configured to secure the main body to the wearer while allowing the gloved hand of the wearer to pass through the aperture outside of the main body (Figure 1; Mosier, ~ regarding wherein in a first configuration the closure is capable of securing+ the main body to the wearer while allowing the gloved hand of the wearer to pass through the aperture outside of the main body. Examiner notes that the Applicant has not claimed a glove.).
As to Claim 3, Mosier/Kallman disclose the overmitt of claim 1, wherein in a second configuration, the closure is configured to secure the main body to the wearer while the gloved hand of the wearer is disposed in the interior cavity and the aperture exposes at least a portion of the gloved hand of the wearer to an exterior environment of the main body (Figure 1; Mosier, ~ regarding wherein in a second configuration, the closure is capable of being a securing the main body to the wearer while the gloved hand of the wearer is disposed in the interior cavity and the aperture exposes at least a portion of the gloved hand of the wearer to an exterior environment of the main body. Examiner notes that the Applicant has not claimed a glove.).
Claims 4 & 8 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”), as to claim 1 above, and further in view of United States Patent Application Publication No. US 2005/0177923 A1 Milan Simic, (herein after " Simic”).
As to Claim 4, Mosier/Kallman disclose the overmitt of claim 1, wherein an inner surface of the main body between the gloved hand and the overmitt (Figures 1-3; Kallman ~ regarding an inner surface of the main body that is between the gloved hand and the overmitt but not illustrated.) but fails to disclose comprising raised dots to facilitate dexterity.
Simic teaches heat/cold protective hand covering and discloses comprising raised dots (raised interior nodules 25; Simic) to facilitate dexterity (Figures 3-5 and Paragraph 0019; Simic ~ regarding comprising raised dots to facilitate dexterity, as doing so would provide desirable strength and integrity with enhanced comfort for the wearer.)
Therefore, based on Simic’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman’s main body’s inner surface to include comprising raised dots to facilitate dexterity as doing so would provide desirable strength and integrity with enhanced comfort for the wearer.
As to Claim 8, Mosier/Kallman/Simic discloses the overmitt of claim 4, wherein the raised dots (raised interior nodules 25; Simic) comprise silicon (Paragraph 0006, 0024; Simic ~ regarding silicon).
Claims 5-6, 9 & 19 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”), as to claim 1 above and in view of United States Patent Application Publication No. US 2016/0128400 A1 Kellie Cookus, (herein after "Cookus”).
As to Claim 5, Mosier/Kallman disclose the overmitt of claim 1, but fails to disclose wherein the closure is an elastic tensioning system.
Cookus teaches cold weather gloves and mittens and discloses wherein the closure is an elastic tensioning system (elastic band 42; Cookus)(Figures 1-4, Paragraph 0033; Cookus ~ regarding the closure being and elastic tension system).
Therefore, based on Cookus’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Modified/Kallman’s closure wherein the closure is an elastic tensioning system, as doing so would provide a new and improved glove or mitten for wet, cold weather conditions for the wearer.
As to Claim 6, Mosier/Kallman discloses the overmitt of claim 1, but fails to disclose wherein the closure is a cinch cord.
Cookus teaches cold weather gloves and mittens and discloses wherein the closure is a cinch cord (cord 16/cord lock 17; Cookus)(Figure 1-4; Paragraph 0033; Cookus ~ regarding wherein the closure is a cinch cord).
Therefore, based on Cookus’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/ Kallman’s closure wherein the closure is a cinch cord, as doing so would provide a new and improved glove or mitten for wet, cold weather conditions for the wearer.
As to Claim 9, Mosier/Kallman discloses the overmitt of claim 1, but fails to disclose wherein a static hem is placed opposite the closure so that the wearer can secure the overmitt to the wrist of the wearer.
Cookus teaches cold weather gloves and mittens and discloses wherein a static hem is placed opposite the closure (Figure 4; Cookus) so that the wearer can secure the overmitt to the wrist of the wearer (Figure 4; Cookus).
Therefore, based on Cookus’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman’s closure wherein a static hem is placed opposite the closure, as doing so would provide a new and improved glove or mitten for wet, cold weather conditions for the wearer.
Therefore (the modified closure (Figure 1; Mosier) with the closure (Figure 4; Cookus) as taught by Cookus) teaches that the wearer would be capable of securing the overmitt (30; Kallman ~ regarding overmitt) to the wrist of the wearer (Figures 1-3; Kallman).
PNG
media_image4.png
654
772
media_image4.png
Greyscale
As to Claim 19, Mosier/Kallman disclose the overmitt of claim 1, but fails to disclose wherein a static hem is placed opposite the closure so that the wearer can secure the overmitt to the wrist of the wearer.
Cookus teaches cold weather gloves and mittens and discloses wherein a static hem is placed opposite the closure (Figure 4; Cookus) so that the wearer can secure the overmitt to the wrist of the wearer (Figure 4; Cookus).
Therefore, based on Cookus’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman’s overmitt and closure wherein a static hem is placed opposite the closure, as doing so would provide a new and improved glove or mitten for wet, cold weather conditions for the wearer.
PNG
media_image4.png
654
772
media_image4.png
Greyscale
Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”), as to claim 1 above, and further in view of United States Patent Application Publication No. US 2018/0035734 A1 QING ZHU, (herein after "Zhu”).
As to Claim 7, Mosier/Kallman disclose the overmitt of claim 1, wherein the closure (Figure 1; Mosier) but fails to disclose comprising a hook and loop fastener.
Zhu teaches protective gloves with a closure (cuff 3; Zhu) and discloses comprising a hook and loop fastener (Figure 2 and Paragraph 0046; Zhu ~ regarding hook and loop which is commercially known as VELCRO®).
Therefore, based on Zhu’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman’s closure comprising a hook and loop fastener, as doing so would provide improved comfort for the wearer. As this would be the simple substitution of one fastening mechanism for another with the reasonable expectation that one fastening mechanism would perform equally as well as another.
Claims 10-12 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”) and further in view of United States Patent Application Publication No. US 2006/0075540 A1 Christopher Saturnio, (herein after "Saturnio”).
As to Claim 10, Mosier discloses an overmitt comprising: a main body (Figure 3; Mosier) having a top surface (Figure 3; Mosier) and a bottom surface (Figure 3; Mosier), the top surface (Figure 3; Mosier) configured to cover at least a portion of a gloved hand of a wearer (Figures 1 & 3 and Col. 1 and Lines 1-5; Mosier. Examiner notes that the Applicant has not positively claimed a gloved hand.), and the bottom surface (Figure 3; Mosier) configured to cooperate with the top surface to enclose at least a portion of the gloved hand of the wearer (Figure 3; Mosier; regarding be capable to cooperate with the top surface to enclose at least a portion of the gloved hand of the wearer. Examiner notes that the Applicant has not positively claimed a gloved hand.), wherein the main body comprises a hand portion configured to at least partially enclose the gloved hand of the wearer (Figure 3; Mosier ~ regarding wherein the main body being capable of comprising a hand portion configured to at least partially enclose the gloved hand of the wearer.), a thumb portion (Figure 3; Mosier) integrally formed with the hand portion and configured to at least partially enclose a gloved thumb of the wearer (Figure 3; Mosier a thumb portion integrally formed with the hand portion and configured to at least partially enclose a gloved thumb of the wearer), and a wrist portion (Figure 3; Mosier) configured to be disposed about at least a portion of the wrist of the wearer (Figure 3; Mosier); an aperture disposed through at least a portion of the bottom surface of the main body (palm opening 7; Mosier ~ regarding an aperture) (Figure 3; Mosier ~ regarding an aperture disposed through at least a portion of the bottom surface of the main body) and dimensioned and positioned to enable passage of the wearer's fully gloved hand, including all digits and the wrist portion, therethrough, such that the wearer may withdraw the gloved hand from the interior cavity while the main body remains secured to the wrist (Figure 3; Mosier; teaches an overmitt that is capable of being dimensioned and positioned to enable passage of the wearer's fully gloved hand, including all digits and the wrist portion, therethrough, such that the wearer may withdraw the gloved hand from the interior cavity while the main body remains secured to the wrist), and configured to expose at least a portion of the gloved hand of the wearer, wherein the aperture extends from the wrist portion to at least a point along the hand portion of the main body beyond a point where the thumb portion meets the hand portion (Figure 3; Mosier ~ regarding being capable to expose at least a portion of the gloved hand of the wearer, wherein the aperture extends from the wrist portion to at least a point along the hand portion of the main body beyond a point where the thumb portion meets the hand portion).
Mosier fails to disclose being configured to cover at least a portion of a gloved hand of a wearer, wherein at least a portion of the main body further comprises an insulation layer interposed between a pair of opposing shell layers, the insulation layer comprises lightweight insulation material, the shell layer comprising a synthetic material; a closure disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer.
Mosier teaches gloves and mitts and discloses a closure (Figure 1; Mosier ~ regarding teaching a closure) disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer (Figure 1; Mosier).
Therefore, based on Mosier’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier’s overmitt to include a disposed at or adjacent the wrist portion of the main body and configured to secure the main body to the wearer, as doing so would provide additional stability and fit for the wearer that would contribute to enhanced comfort.
PNG
media_image1.png
677
662
media_image1.png
Greyscale
PNG
media_image2.png
716
771
media_image2.png
Greyscale
Kallman teaches mitten attachment with a thumb portion for a glove with an appendage stowage system and discloses being configured to cover at least a portion of a gloved hand of a wearer (Figures 1-3; Kallman. Examiner notes that the Applicant does not positively claim a glove.) (Col. 6 and Lines 45- 52, Kallman; “Attachment 30 should be made out of a flexible material which is preferably resistant to water and is capable of providing additional warmth to the hands of the user. A preferred material for making the inventive attachment is neoprene. Thereby teaching the shell layer is a preferred material comprising a synthetic material (neoprene)), the shell layer comprising a synthetic material (Col. 6 and Lines 45- 52, Kallman; “Attachment 30 should be made out of a flexible material which is preferably resistant to water and is capable of providing additional warmth to the hands of the user. A preferred material for making the inventive attachment is neoprene. Thereby teaching the shell layer is a preferred material comprising a synthetic material (neoprene)).
PNG
media_image3.png
850
1490
media_image3.png
Greyscale
Therefore, based on Kallman’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier’s overmitt to include being configured to cover at least a portion of a gloved hand of a wearer, the shell layer comprising a synthetic material, as doing so would provide an additional measure of warmth and comfort of the wearer’s fingers.
Santurnio teaches hand covering with a hood, a movement mechanism and discloses, wherein at least a portion of the main body further comprises an insulation layer interposed between a pair of opposing shell layers (Paragraphs 0062; Santurnio ~ regarding an insulation layer and a pair of shell layers “A shell may include a single material or multiple materials. For example, the hand covering may include an inner layer of material, an intermediate layer of material and an outer layer of material. In one embodiment, the intermediate layer of material can be an insulation type of material.”) the insulation layer comprises lightweight material (Paragraphs 0062, 0083; ~ regarding the being a lightweight material Santurnio).
Therefore, based on Santurnio’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman’s shell layer to include wherein at least a portion of the main body further comprises an insulation layer interposed between a pair of opposing shell layers, the insulation layer comprises lightweight material, as doing so would provide an increased protection for the wearer.
As to Claim 11, Mosier/Kallman/Santurnio disclose the overmitt of claim 10, wherein in a first configuration the closure is configured to secure the main body to the wearer while allowing the gloved hand of the wearer to pass through the aperture outside of the main body (Figure 1; Mosier, ~ regarding wherein in a first configuration the closure is capable of securing+ the main body to the wearer while allowing the gloved hand of the wearer to pass through the aperture outside of the main body. Examiner notes that the Applicant has not claimed a glove.).
As to Claim 12, Mosier/Kallman/Santurnio disclose the overmitt of claim 10, wherein in a second configuration, the closure is configured to secure the main body to the wearer while the gloved hand of the wearer is disposed in an interior cavity and the aperture exposes at least a portion of the gloved hand of the wearer to an exterior environment of the main body (Figure 1; Mosier, ~ regarding wherein in a second configuration, the closure is capable of being a securing the main body to the wearer while the gloved hand of the wearer is disposed in the interior cavity and the aperture exposes at least a portion of the gloved hand of the wearer to an exterior environment of the main body. Examiner notes that the Applicant has not claimed a glove.)
Claims 13 & 20 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”) in view of United States Patent Application Publication No. US 2006/0075540 A1 Christopher Saturnio, (herein after "Saturnio”), as to claim 10 above and further in view of United States Patent Application Publication No. US 2005/0177923 A1 Milan Simic, (herein after " Simic”).
As to Claim 13, Mosier/Kallman/Santurnio disclose the overmitt of claim 10, wherein an inner surface of the main body between the gloved hand and the overmitt (Figures 1-3; Kallman ~ regarding an inner surface of the main body that is between the gloved hand and the overmitt but not illustrated.) but fails to disclose comprising raised dots to facilitate dexterity.
Simic teaches heat/cold protective hand covering and discloses comprising raised dots (raised interior nodules 25; Simic) to facilitate dexterity (Figures 3-5 and Paragraph 0019; Simic ~ regarding comprising raised dots to facilitate dexterity, as doing so would provide desirable strength and integrity with enhanced comfort for the wearer.)
Therefore, based on Simic’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman/Santurnio’s main body’s inner surface to include comprising raised dots to facilitate dexterity as doing so would provide desirable strength and integrity with enhanced comfort for the wearer.
As to Claim 20, Mosier/Kallman/Santurnio/Simic disclose the overmitt of claim 13, wherein the raised dots (raised interior nodules 25; Simic) comprise silicon (Paragraph 0006, 0024; Simic ~ regarding silicon).
Claims 14-15 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”) in view of United States Patent Application Publication No. US 2006/0075540 A1 Christopher Saturnio, (herein after "Saturnio”) and further in view of United States Patent Application Publication No. US 2005/0177923 A1 Milan Simic, (herein after " Simic”) as to claim 13 above and further in view of United States Patent Application Publication No. US 2021/0169161 A1 Tom Lochner, (herein after " Lochner”).
As to Claim 14, Mosier/Kallman/Santurnio/Simic disclose the overmitt of claim 13, wherein the insulation layer (Paragraphs 0062; Santurnio ~ regarding an insulation layer) but fails to disclose being made from a material that has at least a rating of 150 gsm.
Lochner teaches protective gloves having layers (24) and discloses being made from a material that has at least a rating of 150 gsm (Paragraph 0029; Lochner ~ regarding a layer discloses being made from a material that has at least a rating of 150 gsm).
Therefore, based on Lochner’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman/Santurnio/Simic’s insulation layer to include being made from a material that has at least a rating of 150 gsm, as doing so would provide desirable strength and integrity with enhanced comfort for the wearer.
As to Claim 15, Mosier/Kallman/Santurnio/Simic disclose The overmitt of claim 13, wherein the insulation layer (Paragraphs 0062; Santurnio ~ regarding an insulation layer) but fails to disclose being made from a material that has at least a rating of 300 gsm.
Lochner teaches protective gloves having layers (26a) and discloses being made from a material that has at least a rating of 300 gsm (Paragraph 0032; Lochner ~ regarding a layer discloses being made from a material that has at least a rating of 300 gsm).
Therefore, based on Lochner’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman/Santurnio/Simic’s insulation layer to include being made from a material that has at least a rating of 300 gsm, as doing so would provide desirable strength and integrity with enhanced comfort for the wearer.
Claims 16-17 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”) in view of United States Patent Application Publication No. US 2006/0075540 A1 Christopher Saturnio, (herein after "Saturnio”), as to claim10 above, and further in view of United States Patent Application Publication No. US 2016/0128400 A1 Kellie Cookus, (herein after "Cookus”).
As to Claim 16, Mosier/Kallman/Santurnio disclose the overmitt of claim 10, but fails to disclose wherein the closure is an elastic tensioning system.
Cookus teaches cold weather gloves and mittens and discloses wherein the closure is an elastic tensioning system (elastic band 42; Cookus)(Figures 1-4, Paragraph 0033; Cookus ~ regarding the closure being and elastic tension system).
Therefore, based on Cookus’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Mosier/Kallman/Santurnio’s closure wherein the closure is an elastic tensioning system, as doing so would provide a new and improved glove or mitten for wet, cold weather conditions for the wearer.
As to Claim 17, Mosier/Kallman/Santurnio/Cookus disclose the overmitt of claim 16, but fail to disclose wherein the elastic tensioning system is a cinch cord.
Cookus teaches cold weather gloves and mittens and discloses wherein the elastic tensioning system is a cinch cord (cord 16/cord lock 17; Cookus)(Figure 1-4; Paragraph 0033; Cookus ~ regarding wherein the elastic tensioning system is a cinch cord).
Therefore, based on Cookus’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Kallman’s closure wherein the elastic tensioning system is a cinch cord, as doing so would provide a new and improved glove or mitten for wet, cold weather conditions for the wearer.
Claim 18 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 2,242,318 M. C. Mosier, (herein after "Mosier”) in view of United States Patent No. 4,933,992 Robert A. Kallman, (herein after "Kallman”) in view of United States Patent Application Publication No. US 2006/0075540 A1 Christopher Saturnio, (herein after "Saturnio”), as to claim 10 above, and further in view of United States Patent Application Publication No. US 2018/0035734 A1 QING ZHU, (herein after "Zhu”).
As to Claim 18, Mosier/Kallman/Santurnio disclose the overmitt of claim 10, wherein the closure (Figure 1; Mosier) but fails to disclose comprises a hook and loop fastener.
Zhu teaches protective gloves with a closure (cuff 3; Zhu) and discloses comprising a hook and loop fastener (Figure 2 and Paragraph 0046; Zhu ~ regarding hook and loop which is commercially known as VELCRO®).
Therefore, based on Zhu’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Kallman/Santurnio’s closure comprising a hook and loop fastener, as doing so would provide improved comfort for the wearer. As this would be the simple substitution of one fastening mechanism for another with the reasonable expectation that one fastening mechanism would perform equally as well as another.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday 9:00 AM to 4:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLINTON OSTRUP can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
Prosecution Insights